Abuse or threatened abuse of law or legal process
The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
The term “coercion” means—
threats of serious harm to or physical restraint against any person;
any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
the abuse or threatened abuse of the legal process.
The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
Enforcement actions taken.
Investigations actively underway.
Programs and partnerships actively underway.
Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particularly vulnerable populations, involving survivors of trafficking in community engagement and policy making, engagement with foreign migrants, ending recruitment fees, and other such measures.
Victim services offered, including immigration services and restitution.
The amount of money the government has committed to the actions described in subparagraphs (A) through (H).
The term “credible information” includes all of the following:
Reports by the Department of State.
Reports of other Federal agencies, including the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor and List of Products Produced by Forced Labor or Indentured Child Labor.
Documentation provided by a foreign country, including—
copies of relevant laws, regulations, and policies adopted or modified; and
an official record of enforcement actions taken, judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided.
Materials developed by civil society organizations.
Information from survivors of human trafficking, vulnerable persons, and whistleblowers.
All relevant media and academic reports that, in light of reason and common sense, are worthy of belief.
Information developed by multilateral institutions.
An assessment of the impact of the actions described in subparagraphs (A) through (I) of paragraph (5) on the prevalence of human trafficking in the country.
The term “involuntary servitude” includes a condition of servitude induced by means of—
any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
the abuse or threatened abuse of the legal process.
Nonhumanitarian, nontrade-related foreign assistance
The term “nonhumanitarian, nontrade-related foreign assistance” means—
any assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151
et seq.], other than—
assistance under chapter 4 of part II of that Act [22 U.S.C. 2346
et seq.] in support of programs of nongovernmental organizations that is made available for any program, project, or activity eligible for assistance under chapter 1 of part I of that Act [22 U.S.C. 2151
assistance under chapter 8 of part I of that Act [22 U.S.C. 2291
any other narcotics-related assistance under part I of that Act [22 U.S.C. 2151
et seq.] or under chapter 4 or 5
So in original. Probably should be followed by “of”.
part II of that Act [22 U.S.C. 2346
et seq., 2347 et seq.], but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of that Act [22 U.S.C. 2394
disaster relief assistance, including any assistance under chapter 9 of part I of that Act [22 U.S.C. 2292
antiterrorism assistance under chapter 8 of part II of that Act [22 U.S.C. 2349aa
assistance for refugees;
humanitarian and other development assistance in support of programs of nongovernmental organizations under chapters 1 and 10
See References in Text note below.
of that Act;
any support under subchapter II of chapter 103 of this title relating to the United States International Development Finance Corporation;
other programs involving trade-related or humanitarian assistance; and
sales, or financing on any terms, under the Arms Export Control Act [22 U.S.C. 2751
et seq.], other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 [22 U.S.C. 2394
Severe forms of trafficking in persons
The term “severe forms of trafficking in persons” means—
sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and territories and possessions of the United States.
The term “United States” means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
[Pub. L. 106–386, div. A, § 103], Oct. 28, 2000, [114 Stat. 1469]; [Pub. L. 108–193, § 8(b)(1)], Dec. 19, 2003, [117 Stat. 2887]; [Pub. L. 110–457, title III, § 304(a)], Dec. 23, 2008, [122 Stat. 5087]; [Pub. L. 113–4, title XII, § 1212(b)(1)], Mar. 7, 2013, [127 Stat. 143]; [Pub. L. 114–22, title I, § 108(b)], May 29, 2015, [129 Stat. 239]; [Pub. L. 115–254, div. F, title VI, § 1470(p)], Oct. 5, 2018, [132 Stat. 3518]; [Pub. L. 115–427, § 2], Jan. 9, 2019, [132 Stat. 5503]; [Pub. L. 116–283, div. A, title XII, § 1299R(d)(2)], Jan. 1, 2021, [134 Stat. 4028].)